Code of Practice on Accessibility of Public Services and Information provided by Public Bodies
Tá an doicimeadseo are fáil as Gaeilge, chomhmaith.
Foreword
[Foreword from Chairperson will be prepared before publication]
Contents
Foreword
Contents
1.Introduction
2Scope, Aim and Application of the Code of Practice
3Status of the Code of Practice
4.Core Elements of the Code
Appendix One : Sections 26, 27 and 28 of the Disability Act, 2005
Further Information and Advice
1.Introduction
The Disability Act, 2005 is a positive action measure, which provides a statutory basis for making public services more accessible. Sections 26, 27 and 28 of the Act place obligations on public bodies to make their services and information accessible to people with disabilities. This Code of Practice has been prepared at the request of the Minister for Justice, Equality and Law Reform under section 30 of the Act to guide public bodies to meet those obligations.
It should be noted that, although the Disability Act, 2005, contains further provisions on accessibility in relation to buildings and heritage sites, these areas do not fall within the scope of this code of practice and will be dealt with separately.
The obligations arising under sections 26, 27 and 28 are explained in the Code. The Code does not cover the associated complaints process which will apply under sections 38, 39 and 40. These sections provide that an individual with a disability can make a complaint about any failure by a public body to provide access as required by sections 26, 27 and 28 to an inquiry officer appointed by the body under section 39. If the complainant is not satisfied with the outcome of their complaint they can appeal to the Ombudsman as provided under section 40.
Who will benefit from these provisions?
The Disability Act, 2005 (the Act) is designed to improve access to public services for persons with disabilities. The term disability for the purposes of sections 26, 27 and 28 of the Act is defined in section 2 of the Act, i.e.: “in relation to a person, means a substantial restriction in the capacity of the person to carry on a profession, business or occupation in the State or to participate in social or cultural life in the State by reason of an enduring physical, sensory, mental health or intellectual impairment”.
Many people with disabilities will have more than one disability. The CSO National Disability Survey 2006 reported that people in the Census disability sample group had on average, 2.6 disabilities per person.
The Code was updated in 2016 to ensure greater clarity for the needs of people with autism.
What services are covered?
The code is relevant to a service which comes within the definition of services in section 2 of the Act. It covers a wide range of services and facilities provided by public bodies that are available to the public generally or a particular section of the public. This includes:
(a)the use of any place or amenity owned, managed or controlled by a public body;
(b)the provision of information or an information resource or a scheme or an allowance or other benefit administered by a public body,
(c)any cultural or heritage services provided by such a body, and
(d)any service provided by a court or other tribunal.
What public bodies are covered by the Code?
The code applies to a wide range of public bodies, diverse in the nature of their work and size. The public bodies covered by the code are defined in section 2 of the Act to cover:
(a)a Department of State;
(b)the Office of the President;
(c)the Office of the Attorney General;
(d)the Office of the Comptroller and Auditor General,
(e)the Office of the Houses of the Oireachtas;
(f)a local authority;
(g)the Health Service Executive;
(h)a person, body or organisation (other than the Defence Forces) established
(i) by or under any enactment (other than the Companies Acts 1963 to 2003) – this would include, for example, the Broadcasting Commission of Ireland established under the Radio and Television Act 1988; the Central Statistics Office, established under the Statistics Act 1993; the National Disability Authority established under the National Disability Authority Act 1999; the Courts Service established under the Courts Act 1998; and the Legal Aid Board established under the Civil Legal Aid Act 1995,
OR
(ii)under the Companies Acts 1963 to 2003, in pursuance of powers conferred by or under another enactment, and financed wholly or partly, whether directly or indirectly, by means of moneys provided, or loans made or guaranteed, by a Minister of theGovernment or shares held by or on behalf of a Minister of the Government. This would include for example, Dublin Bus, Bus Éireann and IarnródÉireann.
Addressing accessibility issues
To ensure services are accessible it is important to be aware of the obstacles encountered by persons with physical, sensory or intellectual impairments. Their needs will vary and will inform the kind of action that is appropriate and can be delivered where practicable.
Obstacles to accessibility for people with disabilities encompass a broad range of both tangible and intangible elements including, for example:
- communication, where presented in inaccessible formats;
- awareness levels of the needs of people with disabilities;
- the physical environment e.g. design, layout, signage, lighting etc.;
- service design e.g. where systems, procedures and practices can present obstacles.
Information and services can be made accessible when they are provided in a manner that is consistent with the needs of those individuals for whom they are intended.
In general, this can be facilitated by adopting a proactive and consultative approach to information and service design and delivery.
2Scope, Aim and Application of the Code of Practice
Scope
Sections 26, 27 and 28 of the Disability Act, 2005, are the focus of this code of practice.
The Sections set out specific requirements regarding public information and services, including services and goods purchased by public bodies so that they are accessible to people with disabilities where practicable.
Aim
This Code has been developed in order to support public bodies in fulfilling their statutory obligations under sections 26, 27 and 28 of the Disability Act, 2005 (see Appendix one).
Application
This document should prove useful to public bodies by providing practical guidance on the various elements involved and examples of possible approaches and methods that could be employed to ensure that their services are accessible to people with disabilities where practicable and appropriate. It will also provide a useful source of information for people with disabilities using these services, their advocates, and organisations representing people with disabilities.
Specific Objectives of this Document
The specific objectives of the document are to:
- support public bodies by providing a practical interpretation of the requirements of sections 26, 27 and 28, of the Disability Act, 2005;
- give practical advice on how these requirements could possibly be met while appreciating the range and diversity of public bodies and services involved.
3Status of the Code of Practice
General
The Code relates, directly, to the matters outlined in sections 26, 27 and 28 of the Disability Act, 2005. These sections of the Act impose significant statutory duties upon public bodies which came into effect from 31 December 2005.
Public bodies that comply with this code are considered to be in compliance with the legislation. Section 30 (6) states “compliance by a public body with an approved code of practice shall be deemed to be compliance with the relevant provision of this Act”.
Separately, the NDA Act, 1999, provides for a monitoring role for the Authority, in relation to the implementation of Codes of Practice developed by the Authority and declared approved by the Minister. This includes codes such as this one. Part II, Sections 8 (2) (d) of the NDA Act, 1999, specifies the Authority’s monitoring functions as being: “to monitor the implementation of standards and codes of practice in programmes and services provided to persons with disabilities and to report to the Minister thereon”.
Obligationsin relation to the Disability Act, 2005
These sections of the Act, which impose significant statutory duties upon public bodies to make their services and information accessible to people with disabilities where practicable and appropriate, came into effect from 31 December 2005. Determination of practicability and appropriateness may be guided by consideration of, for example: level of control and cost.
In the case of certain public transport services, the sectoral plan to be prepared by the Department of Transport, under sections 31 and 34, may specify the timeframe/s for making particular public transport services accessible (see section 31(5) of the Disability Act 2005).
Responsibilities and Accountability
Sections 26, 27 and 28 of the Disability Act, 2005 place obligations on the head of a public body which is defined in section 2 as being “the person who holds, or performs the functions of the office of the chief executive officer (by whatever name called) of the body”. As such, they are required to ensure, that the body complies with the obligations set out in those sections.
This code aims to support public bodies in meeting their obligations in the Act.
In order to plan what actions are necessary, it is suggested that the head of each public body concerned:
- Determines the extent to which the provisions of the Disability Act, 2005 applies to their organisation in the context of the range of services and the information it provides;
- Considers, plans and keeps under review the policies, procedures and the actions necessary to meet its obligations;
- Examines the practicability and appropriateness of planned measures so as to ensure compliance with the requirements of the Disability Act, 2005.
4.Core Elements of the Code
Section 26 Access to Services, etc.
Section 26 (1)(a) Integrated Access to Services
Public bodies are required to ensure that the services they provide to the general public are accessible to people with disabilities where practicable and appropriate. The services concerned are those that come within the definition of services in section 2 of the Act.
In practical terms, this means that people with disabilities can avail of a service provided by a public body at the same point of access or location, at the same time as everyone else, where practicable and appropriate.
A public body can achieve integrated access to services by:
- Conducting an analysis of: (i) how integrated their public service provision is to determine whether there is any variation in the way people with disabilities access the services provided and (ii) the accessibility of these services to people with disabilities;
- Devising a practicable and appropriate action plan to deal with integration and access issues that have been identified, in consultation with stakeholders, wherever this is practicable and appropriate;
- Promoting measures taken so that the general public is made aware of them.
Public bodies may find the following useful in considering what they need to do:
- Contacting the NDA for advice on useful publications and how staff could adapt possible approaches for reviewing accessibility of services and developing action plans for the organisation;
- The establishment of an advisory group (where a consumer group does not exist), to oversee a review of the integration and accessibility of services.
- Access auditing of premises and outreach strategy development. The Office of Public Works (OPW), for example, has conducted an access audit on its premises and developed an action plan to improve access. Examples of actions taken by the OPW include the introduction of a proximity card system to replace their existing swipe card system and the lowering of lights switches within buildings;
- Augmentation of current Customer Care Policy and practice. The Electricity Supply Board (ESB) has, for example, introduced a Register of Customers with Home Medical Equipment so as to ensure they have a continuous supply of electricity;
- The provision of quiet times or quiet spaces to accommodate people with autism who may experience sensory overload. Sources of noise including background music or public address announcements or loud hand dryers should be avoided. Queues with large numbers of people should be avoided with an appointment system. For example, IarnrodEireann provide ‘quiet coaches’ on some train services for passengers who prefer to avoid noisy environments;
- Reducing the risk of sensory overload for people with autism by cutting out sources of noise, including background music or TV, non-emergency audible alarms, generators, air-conditioning machinery for certain periods or at certain locations. For example, several cinema chains offer ‘autism friendly screenings’ with better lighting, reduced sound levels, fewer people and reduced expectations that viewers will sit quietly in their seats for the duration of the movie;
- Reducing the risk of sensory overload by avoiding bright or flashing lights, strong colour combinations for certain periods of time or at certain locations;
- Being flexible around social and support needs of people with autism or people with intellectual disabilities, who may need an appropriate adult to support them in situations where this would not typically occur;
- The provision of information in accessible formats for public seminars, lectures, public meetings and mainstream training programmes, where practicable.
Section 26 (1)(b) Providing Assistance
Where it is practicable and appropriate, public bodies are required to provide assistance to enable a person with a disability to access a mainstream service, if requested by that person. This applies where the public body is satisfied that such assistance is necessary.
The types of assistance required may vary depending on the type of service being provided and the nature of the disability concerned. The action necessary may involve simple measures such as taking the time to advise a person with disability about service options, or require more specialised assistance, such as sign language interpretation.
A public body can achieve this by:
- Considering the type of assistance that is likely to be required. This could involve consulting with representative groups and getting advice on appropriate types of assistance;
- Exploring and estimating likely demand for assistance on request;
- Examining the relative practicability and appropriateness of the various options available for responding to this demand;
- Making arrangements for ensuring that assistance identified as necessary can be acquired or developed and made available, where it is practicable and appropriate;
- Developing procedures to respond to requests for assistance, including providing for a dialogue, where appropriate and practicable, with the customer and ensuring the relevant staff are aware of these procedures;
- Identifying appropriate sources to provide the various kinds of assistance that may be involved or encouraging staff to acquire the additional skills concerned, where practicable and appropriate;
- Promoting measures taken so that the general public is made aware of them.
Public bodies may find the following useful in considering what they need to do:
- Where consumer panels do not already exist, the establishment of such panels to guide development.”;
- The provision of disability awareness training for all relevant staff. The University of Limerick’s Mary Immaculate College, for example, provides disability awareness training for administrative, academic and support staff;
- The provision of particular services and information to support people with autism to use the service. For example, Dublin Airport has an ‘Important Flyer’ scheme to help people with autism to identify as needing additional support.
- The development and promotion of clear procedures regarding the provision of assistance, for example on timeframes, roles and responsibilities. Where, for example, an Irish Sign Language interpreter will be required, from time to time, sufficient notice will be required. In the case of an agency for sign language interpreters which provides registered interpreters, for example, preferably two weeks notice is normally required, though every effort will be made to accommodate urgent requests at shorter notice. Public bodies would need to ensure that people who are likely to request this type of support would, likewise, be made aware of notice requirements.
Section 26 (1)(c) Expert Advice
A public body must, where appropriate, ensure the availability of appropriate expertise and skills to advise it in relation to making its services accessible. Such expertise can be made available within the organisation, or, where appropriate, sourced externally.
A public body can achieve this by:
- Taking time to identify the various services provided where advice is likely to be required about how to make them accessible to persons with disabilities, in order to be able to identify the specific type of expertise that is required;
- Establishing whether such expertise is available internally or needs to be sourced externally;
- Identifying and implementing staff training initiatives to build an in-house capacity to provide expert advice;
- Identifying appropriate sources, if external advice is required;
- Allowing time for considering any advice given, and the appropriate and practicable actions arising;
- Bringing the advice to the attention of relevant personnel;
- Promoting measures taken, where appropriate, so that the general public is made aware of them.
Public bodies may find the following useful in considering what they need to do:
- The establishment of a consultative framework to advise on matters such as the identification and supply of expert advice required. The Public Transport Accessibility Committee (PTAC) was established in July 2000 as an expert group to advise the Minister for Transport on the accessibility aspects of proposed public transport investment projects and on existing public transport accessibility issues. This committee later became the Accessibility Advisory Committee and also covers issues relating to Tourism and Sport to cover the full scope of departmental activities.
- Connecting with other relevant public bodies for shared learning
- Reviewing the NDA Accessibility Toolkit for advice on improving specific aspects of services. The Accessibility Toolkit is available on the NDA website.
Section 26 (2) Access Officers
Each public body is required to have at least one officer authorised to act in the capacity of “access officer”. That officer is responsible, where appropriate for providing or arranging for and co-ordinating assistance and guidance to persons with disabilities accessing the services provided by that body.